2015 Arkansas Code
Title 10 - General Assembly
Chapter 3 - Committees
Subchapter 3 - Legislative Council
§ 10-3-309 - Review and approval of state agency rules.

(a) (1) (A) In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules.

(B) The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent.

(2) It is the purpose of this section to establish a method for continuing legislative review and approval of such rules to correct abuses of rulemaking authority or clarify legislative intent with respect to the rulemaking authority granted the administrative boards, commissions, departments, or agencies.

(b) As used in this section:

(1) (A) "Rule" means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule.

(B) "Rule" does not mean:

(i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public;

(ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; or

(iii) Intraagency memoranda; and

(2) (A) "State agency" means an office, board, commission, department, council, bureau, or other agency of state government having authority to promulgate or enforce rules.

(B) "State agency" does not include the following unless the Legislative Council adopts rules under subsection (h) of this section including one (1) or more of the following in the definition of "state agency":

(i) The Arkansas State Game and Fish Commission, if the rule is not promulgated under authority of a statute enacted by the General Assembly;

(ii) The State Highway Commission and the Arkansas State Highway and Transportation Department, if the rule is not promulgated under authority of a statute enacted by the General Assembly; and

(iii) An institution of higher education.

(c) (1) A state agency shall file a proposed rule with the Legislative Council at least thirty (30) days before the expiration of the period for public comment on the rule under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or other laws or policies pertaining to the rulemaking authority of that state agency.

(2) The Legislative Council shall assign proposed rules to the Administrative Rules and Regulations Subcommittee of the Legislative Council.

(3) (A) (i) The proposed rule shall be reviewed by the Administrative Rules and Regulations Subcommittee of the Legislative Council.

(ii) When reviewing a rule under subdivision (c)(3)(A)(i) of this section, the Administrative Rules and Regulations Subcommittee of the Legislative Council shall allow members of the public a reasonable opportunity to comment on the proposed rule.

(B) (i) Upon conclusion of the review of the proposed rule by the Administrative Rules and Regulations Subcommittee of the Legislative Council, the proposed rule shall be considered approved unless a majority of a quorum present request that the Administrative Rules and Regulations Subcommittee of the Legislative Council vote on the issue of approving the proposed rule.

(ii) If the Administrative Rules and Regulations Subcommittee of the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved.

(4) (A) A proposed rule approved by the Administrative Rules and Regulations Subcommittee of the Legislative Council shall be considered approved by the Legislative Council unless a majority of a quorum present request that the Legislative Council vote on the issue of approving the proposed rule.

(B) If the Legislative Council votes on the issue of approving the proposed rule, the proposed rule shall be approved unless a majority of a quorum present vote for the proposed rule to not be approved.

(d) (1) A state agency shall file a proposed emergency rule with the Executive Subcommittee of the Legislative Council.

(2) A proposed emergency rule shall be considered approved by the Executive Subcommittee of the Legislative Council if:

(A) (i) The proposed emergency rule is reviewed and approved at a meeting of the Executive Subcommittee of the Legislative Council.

(ii) After the review of a proposed emergency rule at a meeting of the Executive Subcommittee of the Legislative Council, the proposed emergency rule shall be considered approved unless a majority of a quorum present request that the Executive Subcommittee of the Legislative Council vote on the issue of approving the proposed emergency rule.

(iii) If the Executive Subcommittee of the Legislative Council votes on the issue of approving the proposed emergency rule, the proposed emergency rule shall be approved unless a majority of a quorum present vote for the proposed emergency rule to not be approved; or

(B) (i) A majority or more of the members of the Executive Subcommittee of the Legislative Council approve the proposed emergency rule in writing.

(ii) An approval in writing of a proposed emergency rule under subdivision (d)(2)(B)(i) of this section shall not constitute a meeting under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(3) A proposed emergency rule approved by the Executive Subcommittee of the Legislative Council shall be reported to the Administrative Rules and Regulations Subcommittee of the Legislative Council.

(e) (1) The Joint Budget Committee shall establish the Administrative Rule and Regulation Review Subcommittee.

(2) (A) The Administrative Rule and Regulation Review Subcommittee shall consist of twenty-two (22) members of the General Assembly.

(B) (i) Nine (9) members of the Administrative Rule and Regulation Review Subcommittee shall be appointed by the Senate Cochair of the Joint Budget Committee.

(ii) The Senate Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as Senate Cochair of the Administrative Rule and Regulation Review Subcommittee.

(C) (i) Nine (9) members of the Administrative Rule and Regulation Review Subcommittee shall be appointed by the House Cochair of the Joint Budget Committee.

(ii) The House Cochair of the Joint Budget Committee shall designate one (1) of his or her appointees as House Cochair of the Administrative Rule and Regulation Review Subcommittee.

(3) The cochairs and co-vice chairs of the Legislative Council shall be ex officio members of the Administrative Rule and Regulation Review Subcommittee.

(4) (A) The Administrative Rule and Regulation Review Subcommittee may meet only during a regular, fiscal, or extraordinary session of the General Assembly.

(B) The Administrative Rule and Regulation Review Subcommittee shall meet at the call of the cochairs of the Administrative Rule and Regulation Review Subcommittee.

(5) (A) During a regular, fiscal, or extraordinary session of the General Assembly:

(i) The Administrative Rule and Regulation Review Subcommittee shall perform the functions assigned to the Administrative Rules and Regulations Subcommittee of the Legislative Council under this section; and

(ii) The Joint Budget Committee shall perform the functions assigned to the Legislative Council under this section.

(B) Actions taken by the Administrative Rule and Regulation Review Subcommittee and the Joint Budget Committee under this subsection have the same effect as actions taken by the Administrative Rules and Regulations Subcommittee of the Legislative Council and the Legislative Council under this section.

(C) The Joint Budget Committee shall file a report of its actions under this subsection with the Legislative Council as soon as practicable.

(f) (1) A committee or subcommittee under this section may vote to not approve a rule under this section only if the rule is inconsistent with:

(A) State or federal law; or

(B) Legislative intent.

(2) A committee or subcommittee under this section voting not to approve a rule under this section shall state the grounds under subdivision (f)(1) of this section when not approving a rule.

(g) (1) The Administrative Rules and Regulations Subcommittee of the Legislative Council, the Legislative Council, the Administrative Rule and Regulation Review Subcommittee, or the Joint Budget Committee may refer a rule to a committee of the General Assembly for the committee's consideration.

(2) After the referred rule is presented to a committee of the General Assembly and considered, the committee to whom the rule was referred may provide its views and opinions on the rule to the committee or subcommittee that referred the rule.

(3) The Administrative Rules and Regulations Subcommittee of the Legislative Council, the Legislative Council, the Administrative Rule and Regulation Review Subcommittee, or the Joint Budget Committee shall not delegate their authority to review or approve a rule under this section to a committee or subcommittee of the General Assembly or the Legislative Council.

(h) (1) The Legislative Council shall adopt rules to implement this section, including without limitation rules concerning:

(A) The process for determining when a rule will be placed on the agendas of the Administrative Rules and Regulations Subcommittee of the Legislative Council and the Legislative Council; and

(B) The materials a state agency shall provide with the rule to aid committees and subcommittees under this section in their review and approval of the rule.

(2) The Legislative Council may adopt rules amending the definition of "state agency" under subdivision (b)(2)(B) of this section to provide:

(A) That the definition of "state agency" includes an agency of state government, including without limitation an agency of state government under subdivision (b)(2)(B) of this section; and

(B) That the definition of "state agency" under this section does not include an agency of state government.

(i) The review and approval of a rule under this section shall not be construed to:

(1) Represent an expression by the General Assembly that the rule is consistent with:

(A) State or federal law; or

(B) Legislative intent; and

(2) Have any effect in a judicial proceeding relating to the rule, including without limitation a judicial review of the rule under § 25-15-212 or other applicable provision of law.